The court of Sessions, after recording the evidence of all prosecution witnesses, observed that the…

The court can alter the charge because judgment has not yet been pronounced. Section 239 BNSS (formerly section 216 CrPC) permits alteration or addition at that stage, even after the prosecution witnesses have testified. The change must be read and explained to the accused, and the court must address possible prejudice. Section 240 BNSS (formerly section 217 CrPC) allows witnesses to be recalled concerning the change, subject to the stated limits. The five-year interval therefore does not create an absolute procedural bar.